Social Security Now Processing Some Survivors Benefits and Lump Sum Death Benefits Claims

Social Security announced earlier this month that it is now processing some widow and widower claims, including Medicare claims, for those married to a spouse of the same sex. The new guidance applies to surviving spouses if the worker was domiciled in a state that recognizes marriage equality and the marriage took place in the U.S. Similarly, Social Security is now processing claims for lump sum death benefits if the deceased worker was domiciled in a state that recognizes marriage equality.

If a marriage was entered into in a foreign country, Social Security may process the claim but only after getting a legal opinion on the validity of the marriage.

Social Security is continuing to hold several claims, including applications where:

• The deceased worker was domiciled in a non-marriage recognition state; or
• The marriage does not meet the duration requirement and the claimant alleges a prior non-marital legal same-sex relationship such as a civil union.